Australia: SA led the way for many reforms, so why is 'gay panic' still a defence?

By Ben Nielsen

South Australia has a reputation as a progressive state, based on several milestones in its political history. It was the first in Australia to grant parliamentary voting rights to women, in 1894. It was also first to decriminalise homosexuality, and was at the forefront of the push for Aboriginal land rights during the 1970s.

But a legal loophole allowing murder charges to be downgraded has remained part of the state's legal framework, despite other jurisdictions dispensing with it.

The so-called gay panic defence, which is often criticised as discriminatory, is again in the spotlight and while the current government has committed to abolishing it, legislation is yet to go before Parliament.

"We used to lead and now we lag … it's a present issue for South Australia to address," said Greens MP Tammy Franks, who will introduce a motion on the matter in SA Parliament today.

But, despite the political willingness to reform the law, some have warned the situation is more complicated than it might appear.

"Such changes … require rigorous scrutiny to ensure they are not used for unintended purposes," a spokesperson for Attorney-General Vickie Chapman said. Read more via ABC